Reprinted from NYTTS NewsNotes, Summer 1991, pp



Reprinted from NYTTS NewsNotes, Summer 1991, pp. 11–12.

Good News for New York Turtles... Frogs Too!

The exploitation of turtles (and frogs and other animals) in New York City’s fish markets—the sheer numbers as well as the squalid conditions under which so many of the animals have been housed—has long been of great concern to NYTTS members. Indeed, the petition to New York’s Department of Environmental Conservation and the subsequent acquisition of additional protection in the state for the diamondback terrapin was prompted by the great numbers of terrapins in the markets. The Society’s publication of “Minimum Standard Housing Guidelines” for commercial establishments, written to help rectify the horrendous conditions in markets, was given formal recognition by the ASPCA to be used in the enforcement of humane treatment laws.

Ironically, the most dramatic change occurred this spring as a direct result of the following memo distributed by the New York City Department of Health to all food service establishments and corresponding regulatory agencies. The subject was the possession of live frogs and turtles in food establishments:

On April 22, 1991, the U.S. Food and Drug Administration indicated to the New York City Health Department that the sale of live frogs and turtles for human consumption does not meet the criteria for an approved food source.

In addition the New York State Sanitary Code (14-1.31e) also states food must be from approved sources.

The restriction against these live animals is further prohibited in food establishments by Section 7-806 of the Federal Food Service Code, 14-1.183 of the New York State Sanitary Code, and Section 81.25 of the Sanitary Code of the City of New York.

In accordance with Section 3.03 and 3.12 of the New York Health Code, failure to comply will result in the seizure of the animals and the possible issuance of a notice of violation which may result in fines being levied against the establishments involved.

Approved sources for all foods have been part of FDA regulations for some time. Animals collected from the wild without proof of origin cannot be documented as approved. According to NYC Senior Health Inspector Jim Morriss, some of these regulations date back to the ’40s!

With respect to live animals in “food service operational areas,” the Federal Food Service Code is very specific:

7-806 Animals.

Live animals, including birds and turtles, shall be excluded from within the food service operational premises and from adjacent areas under the control of the permit holder. This exclusion does not apply to edible fish, crustacea, shellfish, or to fish in aquariums. Patrol dogs accompanying security or police officers, or guide dogs accompanying blind persons, shall be permitted in dining areas.

Enforcement of the existing city and state codes and the Federal Food Service Code at this time is certainly welcome and should finally bring live-animal exploitation in markets and restaurants to an end.

Because 7-806 is a Federal code, this prohibition applies across the country. If you see live turtles, frogs, or birds in markets or restaurants in your area, contact the local health department or SPCA to urge enforcement of the Federal Code 7-806 as well as other applicable sanitary codes!

The first major confiscation occurred on April 26; 55 adult snapping turtles were seized from the Fulton Fish Market and brought to the ASPCA. The snappers, ranging from 15 to 25 pounds, fairly overwhelmed the animal holding facilities at the 92nd Street shelter. NYTTS was contacted, volunteer Jack Gambino arrived with his pickup truck and transported the snappers to the Turtle Back Zoo in West Orange, NJ. Many of the turtles were in very poor condition; two had already been euthanized by the ASPCA veterinarian, and five died shortly after arrival at TBZ. The survivors were released into an appropriate habitat. A large number of eggs were retrieved, resulting in more than 40 hatchlings, which are being head started before their eventual release.

Subsequent smaller confiscations were made from markets and restaurants throughout the course of the spring and summer. NYTTS is hopeful that these events will mark the end of this abusive exploitation.

* The “Minimum Standard Housing Guidelines” may be obtained free of charge from NYTTS by written request and a self-addressed stamped envelope.

Reprinted from the Plastron Papers, May/June 1990, p. 18.

Humane Laws and Guidelines for Turtles

There has long been a need for guidelines for the keeping of turtles and tortoises in commercial establishments—in both pet shops and commercial markets. Humane law, often difficult to enforce without guidelines establishing the unique needs of these animals, may now be applied to turtles and tortoises. ASPCA officers can now issue summonses and, whenever conditions are not immediately corrected, seize the victimized animals.

New York addresses the treatment and care of any captive animal in the State Agriculture and Markets Laws, specifically,

SECTION 353: Over-driving, torturing, and injuring, failure to provide proper sustenance.

Any person who . . . whether the animal is wild or tame and whether belonging to himself or another, deprives any animal of necessary sustenance, food, or drink, or causes or permits any animal to be over-driven, overloaded, or tortured or cruelly beaten or unjustifiably injured, maimed, mutilated, or killed . . . who willfully sets on foot, engages in, instigates, or in any way furthers any act of cruelty to any animal or any act tending to produce such cruelty is guilty of a misdemeanor.

SECTION 356: Failure to provide proper food and drink to an impounded animal.

A person having impounded or confined any animal, refuses or neglects to supply such an animal during its confinement a sufficient supply of good and wholesome air, food, shelter, and water is guilty of a misdemeanor.

The charge for violation of these regulations is an “unclassified misdemeanor” carrying a maximum sentence and fine of one year and $1,000.

In an effort to address abuses in both pet shops and commercial markets (nearly all of us have witnessed animals kept under horrendous conditions in both types of establishments), two sets of guidelines have been drawn up: “Maximum Density / Temporary Housing,” intended for markets, restaurants, and wholesale animal dealers who are housing turtles for two weeks or less; and “Minimum Standard Housing,” for pet shops, dealers, and all other commercial establishments who house turtles for more than two weeks.

The “Maximum Density / Temporary Housing” guidelines, written for aquatic turtles, are available upon request from NYTTS. The principal difference in these requirements from those of the “Minimum Standard Housing” is the more liberal allowance in animal density: “The number of turtles in a tank shall not be greater than to permit each animal to rest on the floor surface of the tank without touching the adjacent animals. (The maximum density estimate is made of animals in a resting state; it is understood that swimming animals will naturally be above, and in contact with, one another.)” The higher animal density, however, is limited to a maximum of two weeks and requires complete water changes at least twice daily.

The “Minimum Standard Housing Guidelines” have been included here (the center pages). We hope these (as well as the “Maximum Density” requirements) can serve as models for similar guidelines and increased humane enforcement in regions outside the New York area. The center sheet can easily be removed from the center staples, duplicated, and distributed to the local pet shops in your area. If you live outside New York City, pass along a copy to your local SPCA or Humane Society. If there are laws in your state similar to the ones above, the Guidelines should certainly apply.

Guidelines for the Housing

of Turtles and Tortoises

Minimum Standard Housing Guidelines

for Pet Shops, Wholesale Animal Dealers,

and other Commercial Establishments

The following guidelines have been developed by the New York Turtle and Tortoise Society in cooperation with the American Society for the Prevention of Cruelty to Animals to help ensure that humane treatment is provided in accordance with Section 353 and Section 356 of the New York State Agriculture and Markets Law, and in accordance with similar regulations in other states.

NYTTS gratefully acknowledges the advice and input of John L. Behler, Curator of Reptiles, New York Zoological Society, and William P. McCord, DVM, Chelonian Researcher, Hopewell Junction, New York.

Published and Distributed by

The New York Turtle and Tortoise Society

P.O. Box 878

Orange, NJ 07051-0878



Permission to duplicate or reprint this material is freely granted with

appropriate citation of credit to the New York Turtle and Tortoise Society.

Purpose:

Guidelines for the Housing of Turtles and Tortoises—“Minimum Standard Housing for Aquatic Turtles and Semi-Aquatic Turtles and Tortoises” and “Maximum Density/Temporary Housing for Aquatic Turtles”—have been developed to help ensure that the proper environment and humane treatment be provided these animals in pet shops and other commercial establishments. (The “Maximum Density/Temporary Housing” guidelines are intended for wholesalers and commercial markets holding turtles for less than two weeks.)

Categories:

Housing Standards for turtles and tortoises vary according to which of three general categories the animal belongs: aquatic turtles, whose natural habitat is predominately or exclusively water; semi-aquatic turtles, whose habitat includes both land and water; and tortoises, whose habitat is almost exclusively terrestrial.

Please note that a particular species may have unique housing requirements, and that the following guidelines are necessarily general. Consideration must be made within each of the categories for the temperature, humidity, and space requirements of the particular species being maintained.

Aquatic Turtles:

These include the pond turtles: sliders, cooters, painted, map, spotted, and Chinese pond turtles (such as Reeves’ turtles). Other aquatics include Malayan box turtles, diamondback terrapins, snappers, softshells, and mud, musk, side-necked, and snake-necked turtles. In captivity, aquatic turtles must be housed in water with accessible dry land space for basking.

Semi-aquatic Turtles:

This group includes all American box turtles, Chinese box turtles, and American and Central/South American wood turtles. Semi-aquatic turtles may spend the majority of their time on land; some forms may spend nearly an equal time on land and in water. In captivity, ample dry land space and access to sufficient water for complete soaking or swimming are required.

Tortoises:

Typical species in the pet trade include leopard, hingeback, spur-thighed (Greek), and red- and yellow-footed tortoises. Characterized by highly domed shells and columnar, elephant-like hind legs, tortoises are terrestrial animals. They spend nearly 100 percent of their time on land and must never be kept in water. Shallow water trays must be provided for drinking and soaking.

Prohibited Sales:

The sale of all sea turtles, American box turtles, Blanding’s, bog, mud, and American wood turtles, and all turtles under four inches (4") are prohibited in New York at all times. The sale of diamondback terrapins is prohibited from May 5 through July 31 in New York State; at other times sale is restricted to animals between four and seven inches (4–7").

* The use of soft substrates contributes to the development of limb deformities—a splayfooted condition will often appear after a number of years. Corncob has been implicated in intestinal impaction in tortoises when accidentally ingested with food.

Guidelines for the Housing

of Turtles and Tortoises

Maximum Density / Temporary Housing for Aquatic Turtles

Guidelines for Markets, Restaurants, and Wholesale Animal Dealers

The following guidelines have been developed by the New York Turtle and Tortoise Society in cooperation with the New York ASPCA. NYTTS gratefully acknowledges the advice and input of John L. Behler, Curator of Herpetology, New York Zoological Society and William P. McCord, DVM, Chelonian Researcher, Hopewell Junction, New York.

Definition and Purpose. The “Maximum Density / Temporary Housing” guidelines for aquatic turtles have been developed for markets, restaurants, and wholesalers to help ensure that humane treatment be provided in accordance with Section 353 and Section 356 of the New York State Agriculture and Markets Law.

Aquatic Turtles. The most commonly occurring aquatic turtles in commercial markets are diamondback terrapins, sliders, cooters, snappers, painted, map, and softshell turtles. Other aquatics include Malayan box turtles, Chinese pond turtles, spotted turtles, musk, and side-necked and snake-necked turtles.

Prohibited Sales. The sale of all sea turtles, American box turtles, Blanding's, bog, mud, American wood turtles, and all turtles under four inches (4") is prohibited in New York at all times. The sale of diamondback terrapins is prohibited from May 5 through July 31 in New York State; the harvest of diamondback terrapins requires a New York State license and is restricted to animals between four and seven inches (4–7") from August 1 to April 30.

Maximum Density / Temporary Housing

for Aquatic Turtles

1. Time Period. “Maximum Density / Temporary Housing” conditions shall not exceed a period of two weeks for any animal. If a turtle is to be kept for a longer period, “Minimum Standard Housing”* conditions must be provided.

2. Water. All aquatic turtles must be held in water; turtles housed in dry-tank enclosures will suffer from dehydration. Water shall be deeper than the width of the widest turtle’s shell. (Turtles overturned in shallower water may be unable to right themselves and can drown.)

3. Animal Density. In the “Maximum Density / Temporary Housing” enclosure, the number of turtles in a tank shall not be greater than to permit each animal to rest on the floor surface of the tank without touching the adjacent animals. (The maximum density estimate is made of animals in a resting state; it is understood that swimming animals will naturally be above, and in contact with, one another.)

4. Animal Size. Turtles housed together must be of comparable size. Turtles with a carapace length less than ten inches (10") should be within three inches (3") of each other; a six-inch (6") range may be permitted with larger turtles.

5. Sanitation. Water must be kept clean. In “Maximum Density” enclosures, water must be completely changed at least twice daily.

6. Temperature. A water temperature range of 70° to 85° F shall be maintained at all times. Aquarium water heaters or other artificial means of temperature control may be required.

* Guidelines for the Housing of Turtles and Tortoises—“Maximum Density / Temporary Housing for Aquatic Turtles” and “Minimum Standard Housing for Aquatic Turtles and Semi-Aquatic Turtles and Tortoises” are publications of the New York Turtle and Tortoise Society, P.O. Box 878, Orange, NJ 07051-0878, . Permission to duplicate or reprint this material is freely granted with appropriate citation of credit to NYTTS.

-----------------------

Minimum Standard Housing

for Aquatic Turtles

(For maintaining aquatic turtles in captivity for periods exceeding two weeks.*)

1. Water and Basking Space. All aquatic turtles must be housed in water and provided with basking space (dry land area), which is easily accessible to and is adequate to accommodate all the individuals in the tank. Water shall be at least as deep as the width of the widest turtle’s shell. (Turtles overturned in shallower water may be unable to right themselves and can drown.)

2. Animal Density. Under “Minimum Standard Housing” conditions, the total surface area the animals can occupy on the floor of an enclosure (when dry) shall not exceed 25 percent of the floor surface area of that enclosure. (The floor surface area must be considered exclusive of any rocks, decorative elements, heating or filtration equipment, or any other objects in the enclosure.)

3. Animal Size. Turtles housed together must be of comparable size. Turtles with a carapace length less than ten inches (10") must be within three inches (3") of each other; a six-inch (6") size range may be permitted with larger turtles.

4. Sanitation. Water must be kept clean. Filtration may be combined with complete water changes to maintain water quality. Filter medium should be replaced frequently to remove accumulated debris from the system. With filtration, complete water changes must be made at least once a week—more frequently without filtration.

6. Temperature. A water temperature range of 75° to 85° F shall be maintained at all times. Aquarium water heaters or other artificial means of temperature control may be required. Temperature ranges appropriate to the species should be observed (some require 80° to 85° F). Additional heat from a heat lamp over the basking area should be provided.

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